cupcake68 Vs Virgin **DISCONTINUED**

[cupcake68]

Thanks SG

 

I have just spoken to the court but they cannot help me unless I know what the form is called!!!!

 

Cupcake

[car2403]

There isn't a form for claiming costs, as it's part of the case originally - PT has pointed to CPR Part 38 (referenced relevant bit below) which is what you need to ask them to pay your reasonable costs under in your letter. If they don't pay up, you should write again and tell them you will ask the Court to award costs if they don't...

 

Liability for costs

 

38.6

 

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

(2) If proceedings are only partly discontinued –

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

 

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

 

 

(3) This rule does not apply to claims allocated to the small claims track.

 

(Rule 44.12 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)

[cupcake68]

Thanks Car

 

So I should write to Hillesden listing my costs and ask them to pay up under CPR part 38?

 

Do I now have that right?(!!!)

 

Cupcake

[gh2008]

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=237396

 

In the middle of NGEddie's thread the claiming of costs was gone into, at time excruciating, detail. £9.25 per hour of your time reasonably capped to 2/3rds of the cost (not hours) that it would have been had you been represented. Rough guess would be £2-3k to be represented to the point you got to. They simple surrendered on simple issues.

 

Receiving a cheque for 4 figures before trial is not unheard of

[cupcake68]

Hi guys

 

I have been a little off the ball lately with "life" taking over from the financial mess we are in!

 

The last letter I sent with regard to this account was this....

 

 

I n response to your many letters received I am assuming when purchasing such accounts you must not also purchase the details on file.

If you did you would have seen the reason for the account being put into dispute in April 2009. You would also have seen the fact that MBNA issued a defective Default Notice. Therefore MBNA had no right to sell the account on to you and you cannot lawfully collect this debt

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

in May 2010

 

First of all the wrote back saying it had been referred back to MBNA then they were "advised that they received a request for a copy application and terms and conditions in April 2009 which they supplied. We understand that no further communication has been received between yourself and MBNA".

 

I did not get round to SAR ing them (so assume I should be doing so now?)

 

I have had several letters since from CMC and then one from HL Legal solicitors then another at the beginning of July from IND it linked two MBNA accounts I have. One that was actually Alliance and Leicester and this one. It did say LAST LETTER BEFORE LEGAL PROCEEDINGS (but I have had many of these now!!) I needed to pay the full amount on both accounts!!

 

Today I have received one court claim from Varde for the two accounts.

 

I'm off the ball a bit these days. I know a lot changed with the whole default notice issue some time back and I'm not really sure any more where we stand!!

 

The link to my thread for the other account is here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?198121-cupcake68-Vs-A-amp-L

 

Any advice would be great.

 

I am fairly new to the whole court process but I do know I have to send my acknowledgement of service back within 14 days.

 

Thank you

 

Cupcake

[cupcake68]

PS

 

forgot to mention the POC's are incomplete. It looks like they have run out of room!

 

Cupcake

[cupcake68]

Me again!

 

Just found a little note in my file!!

 

Experto filed a default on my credit file on 30/10/09 Their letter of assignment was dated 07/12/09 and the default I received from MBNA was dated09/11/09 stating I had to pay by 26/11/09!

 

Seems a bit smelly to me!

 

I think I should SAR them immediately (didn't do it for some reason before!!) and see what it brings up!

 

Am I missing anything?

 

Cupcake

[BlueBox]

Don't get confused between a credit default being file with the CRAs and a legal Defailt Notice. The two are completely separate. In fact, a CRA default can be filed very easily as soon as you breach payment terms with just one letter that they intend to do so. Rather alarming when you consider the damage they will do to your credit rating (with very little chance of redress).

 

If you haven't yet written to the claimant's solicitors with a CPR request to disclose the agreement, deed of assignment, default notice and letter before action, do so NOW before time runs out.

 

I'm in a similar situation and just on day 8 of my 7 day request for disclosure. Will be phoning claimant's solicitors to see where they stand and if they really want to proceed. I'm quite certain that they produce a mountain of these claims and get defaiult judgement simply because people are overwhelmed by the whole court thing. I bet a lot of defendants don't even file acknowledgment of service, let alone a defence.

[cupcake68]

Thanks BB

 

I understand what you are saying but am I not right in thinking if Experto issued a default on my credit file before MBNA had even sent me a DN then it would appear they had actually already sold the debt? I can't imagine Experto would spend time marking peoples credit file with defaults if they didn't own the debt?

 

We'll see what the CPR and SAR requests highlight!

 

Cupcake

 

Ps good luck with your case do you have a thread?

[BlueBox]

Sorry, didn't look at the dates closely enough. Will have to take a look at my credit file again to see how mine stack up. They also have a double default on mine - one for MBNA and one for Varde - definitely against the rules.

 

Yes - see thread BlueBox vs Varde.

[erahman]

hi, what happened so far with the court?